Proposed Ohio Legislation Would Start With 50-50 Child Custody Split, Difference In State Laws Highlighted By Varying Child Custody Analysis
Child custody is no doubt one of the most hotly contested and, for many people, most important component of a Chicago divorce case. Determining who the child will live with (called “physical custody”) and who will make important life decisions regarding the child (called “legal custody”) are rights that usually both parents fight for, and, as a result, is often a major point of dispute in a Chicago divorce. But what is child custody and is the analysis for determining child custody the same in every state? What rule applies? Recent legislation proposed in Ohio highlights the importance of child custody in divorces across the country, and just how different child custody laws are, depending on the state.
Child Custody in Chicago Divorces
In Chicago, simply put, “child custody” is a legal term that describes the rights of the parents as their role as “guardians” of the child or children in the marriage. Children cannot legally make decisions about who they live with or certain aspects of their life, such as with regard to legal issues, medical care, and education, and these decisions must, accordingly, be made by a legal guardian, which in most cases is a parent of the child or children. In Chicago divorces, most of the time child custody is not an issue that is resolved by consensus and agreement between divorcing individuals because both parents typically want both legal and physical child custody. Therefore, a court must step in to make determinations about child custody. In Chicago divorces, the court will look to the “best interests of the child” when determining child custody issues.
Child Custody Legislation and Child Custody the United States
Contrasting with the “best interests of the child analysis” utilized in Chicago divorces, legislators in Ohio have proposed a blanket “50-50” split between parents with regard to child custody in all divorces. The 50-50 rule would be a starting point for child custody, and courts would encourage divorcing couples to submit a 50-50 joint custody plan to the court for review. If the parents are not able to agree, under the proposed legislation, then the parents must prove “why equal parenting would not suffice.” The proposed legislation is controversial in Ohio, and shows just how different child custody laws vary by state. The child custody laws that will apply to your divorce will be the laws of the state of the divorce. For further information on which child custody laws apply to your divorce case and what your rights are with regards to child custody, it is best to chat with an experienced Chicago divorce lawyer.
Help with Your Chicago Divorce
If you are in the Chicago area and are seeking a divorce, or have questions about your divorce or child custody, contact the experienced and skilled Chicago divorce lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC. The experienced Chicago divorce lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC offer a confidential consultation to see if they can help fight for you. Contact Birnbaum Gelfman Sharma & Arnoux, LLC today and speak with an experienced Chicago divorce lawyer about your rights.